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20121202
20121210
STATION
MSNBCW 24
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English 24
Search Results 0 to 23 of about 24 (some duplicates have been removed)
MSNBC
Dec 8, 2012 2:00am PST
is taking the prop 8 case, the perry case, as well as the doma case. and, you know, look, when this case was filed almost four years ago, the prop 8 case, we made the case in court, ted olson and david boyce, that in this country we don't deny our citizens a fundamental right, and the supreme court has called marriage a fundamental right no less than 14 times in the history of this country, and i'm optimistic that once the court does hear this case and the doma case, they're going to come down on the side of freedom, liberty, and equality just as they have so many times in our nation's past. >> and equal protection of the laws. elizabeth, thank you for coming on. very haven't seen you in a while. equal protection of the laws. liberty is a pretty profound notion in this country. >> it is. >> pursuit of happiness is in our declaration. why not? >> here is the thing, if you are gay and alive in our time in america, we're living in a kind of a policy and civil rights renaissance. we have seen extraordinary leadership from other parts of government already. don't we judge, chris, presidents b
MSNBC
Dec 9, 2012 4:00am PST
it better. it is an incredible day the supreme court is taking the prop 8 case as well as the doma case. when this case was filed almost four years ago, the prop 8 case, we made the case in court. in this country, we don't deny our citizens a fundamental right. the supreme court has called marriage a fundamental right no less than 14 times in this country. i'm optimistic once the court hears this doma case they will come down on freedom and libberality as they have. >> elizabeth, i haven't seen you in a while. equal protection of the laws. >> if you are gay and alive in our time in america, we're living in a kind of a policy and civil rights renaissance. we have seen extraordinary leadership from other parts of government already. we -- don't we judge presidents by whether they stand tube the moment of history in which they live. we have seen president obama step up to this issue, gay marriage. >> "don't ask, don't tell" now saying he won't enforce doma. >> our military has stepped up. >> even the marines are doing a great job. >> even the marines are. now, we have to see, will the supr
MSNBC
Dec 7, 2012 2:00pm PST
today, that the supreme court is taking the prop 8 case, the perry case, as well as the doma case. and, you know, look, when this case was filed almost four years ago, the prop 8 case, we made the case in court that in this country we don't deny our citizens a fundamental right, and the supreme court has called marriage a fundamental right no less than 14 times in the history of this country, and i'm optimistic that once the court does hear this case and the doma case, they're going to come down on the side of freedom, liberty, and equality just as they have so many times in our nation's past. >> and equal protection of the laws. elizabeth, thank you for coming on. equal protection of the laws. lib cert a pretty profound notion in this country. >> it is 37. >> pursuit of happiness is our declaration. why not? >> here is the thing, if you are gay and alive in our time in america, we're living in a kind of a policy and civil rights renaissance. we have seen extraordinary leadership from other parts of government already. don't we judge, chris, presidents by whether they stand up to the m
MSNBC
Dec 4, 2012 9:00am PST
challenge the defense of marriage act. doma is known as the 1996 law enacted by president clinton that ordered the federal government to recognize only marriages between a man and woman. in the intervene years since clinton passed the law, american attitudes have shifted. 2012 set to go down as one of the most successful years ever for the gay right movement. marriage equality advocates won at the ballot box when maine, maryland and washington voted to join six other states and district of columbia in permitting same-sex marriage and the year that president obama became the first sitting president to publicly endorse gay marriage, a powerful sign that once politically sensitive issue has moved firmly into the mainstream. frank, you have, i thought, an incredibly moving and compelling op-ed in "the new york times" talking about doma and the thing that struck me is how far the country has come in a relatively short period of time. just because i was interested in comparing it to interracial marriage, in 1958, gallup showed that 4% of the country approved of interracial marriage. by
MSNBC
Dec 8, 2012 1:00am PST
to take it up. many of us thought this is exactly what's going to happen with the prop 8 case. the doma case is slightly different. but many of us thought the prop 8 case it's going to go back. it's going to be legal in california but nowhere else and the court is going to wait another ten years. >> so what are the implications -- the differing implications of how they could rule? what different parts of the gay marriage question e could they resolve? >> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads to the supreme court to review the case. everyone thought they would take the case. i think they are going to do the right thing and strike it down. the
MSNBC
Dec 7, 2012 7:00pm PST
of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot of benefits that come from the federal tax code, that people who get married need to enjoy if you're going to have a fair and equitable situation in society. so i think they made a big step forward here. and, you know, the court is a hard place to read. unfortunately, it's not like the election. well don't have nate silver to read every morning to tell us how it's going to turn out. but we'll all be watching closely. >> chris, there is a third issue that the justices haven't taken up yet, and that's an arizona law that bars some same-sex spouses from access to state benefits. where do we go on that? what happens to that issu
MSNBC
Dec 8, 2012 3:00am PST
with the prop 8 case. the doma case is slightly different for reasons we can go into. but many of us thought the prop 8 case it's going to go back. it's going to be legal in california but nowhere else and the court is going to wait another ten years. then wash out the outliers like intraracial marriage did. >> so what are the implications -- the differing implications of how they could rule? what different parts of the gay marriage question could they resolve? >> the doma case is a much more easy case. it's a much more challenge. all it does is to return congress to its original position of following whatever states' definition of marriage are. in some ways it was crafted, it's a movement. they tend to be pro-state's rights and the liberals are pro gay, so essentially toward the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck down the congressional statute that invariably leads the supreme court to review the case. everyone thought they would take the case. i think t
MSNBC
Dec 8, 2012 12:00am PST
. probably the most serious standing questions are on the doma case and windsor case. the cases being defended by a group of republican members and it is not clear that they have actual standing to bring the case. so if the court says you don't have standing, then the e lower court would prevail and windsor would prevail. >> how would the court's ruling affect marriage equality? >> it couldn't be more important. that case came for african-americans in 1954, i believe. this could be that moment. we're all hoping that it is. this country is an imperfect union by mere fact that we have not recognized the right of people in love to be married. there are 120,000 couples in this country that are directly -- have their interests directly at stake. but it's not just them. the question is will this country embrace this fundamental human right? and i don't believe kennedy wants to be on the wrong side of history on that. >> this is the latest challenge to the constitutionty. is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples
MSNBC
Dec 9, 2012 9:00am PST
to consider choosing and two prop 8 ones. they have one doma and one prop 8. >> what's fascinating, this is a court that has avoided this issue. it's been pathological. everyone in lawrence v. texas, the opinion was distorted in my ways because of a clear effort not to say anything that would have baring on the same-sex marriage issue. suddenly, they take two issues with the broadest possible front. the question is, what are they going to do and whether they are going to reach an impasse. if there's an impasse, sometimes they go for narrow decisions. there are outs in these cases. both cases have standing issues. questions of whether these are the party that is have a right to bring this type of challenge. the standing issues are particularly prominent in the doma case. the proposition 8 case probably offers the broadest scope for a major ruling. what people, many people hope, is that that would be the case where the court says this violates equal protection. you can't deny these people the same rights of marriage. if it were to do that, then it would effectively set aside 31 state
MSNBC
Dec 9, 2012 7:00am PST
or doma. the cases aren't expected to be decided until next june, the fact that they're weighing in on the debate will have a national effect. back at the table. kenji yoshino. donna edwards, bob herbert and joining us is ray kerry. the executive director of the guy and lesbian task force. i'm going to you kenji, you're always here to set my constitutional framework for me. it's going to be two cases, right? what's at issue in the two separate cases. >> i should do them in the order you presented them. the prop 8 case is about a state ban on same-sex marriage. so there are equal protection and due process challenges. what that means is, this violates the fundamental right of fairness of streeting gay and straight couples the same. you're denying us the fundamental right to marriage. there's a quality component and a rights component to it. if the supreme court goes big on that case, it could guarantee same-sex marriage as a law of the land. flipping the 41 states that currently don't have it and requiring them to have it. i don't think that's going to happen. on the other hand, i
MSNBC
Dec 8, 2012 11:00am PST
the federal defense of marriage act, or d doma, and another involving california's proposition 8, banning same-sex marriages in that state. for analysis into these historic cases, what's going to be a historic hearing, i want to bring in kinji yoshityoshito, professor of constitutional law at new york city. great to see you. >> good to see you. >> put prop 8 aside for a second. do you believe that the supreme court will strike down doma. this is what what you've said. walk me through your thinking on that one. >> y bet. so doma is a really narrow challenge insofar as what the statute does is it says for federal purposes marriages are defined between one man and one woman. so i think it might be best to clarify this by example. so you take edie windsor, a plaintiff coming out of new york who's going to be the plaintiff in this case. she was with another woman for 40 years. they got married in 2007. when her partner passed away, her wife passed away, for state purposes, in the eyes of new york state, she was next of kin. so her remains were released to edie. but for federal purposes, they were c
MSNBC
Dec 7, 2012 1:00pm PST
when they passed doma into law in 1996. i need to get your immediate reaction to the supreme court news this afternoon. >> well, i think it's very good for the advocates of marriage equality that the court took both of these issues up. the first issue is this question of the defense of marriage act. it was passed really in the middle of the night in 1996 and signed very reluctant lie by president clinton and e sin essentially says one state does not have to recognize the marriage equality rights another state may give. if you are married legally in the state of massachusetts and you happen to reside -- this is as a gay couple -- and you happen to reside in the state of california, the state of california does not need to recognize your massachusetts marriage, and as a result there are over 1,000 benefits that can be denied to a legally married gay couple if they happen to be living in a state that doesn't recognize gay marriage. my guess is the supreme court will declare that unconstitutional because there is a long tradition under the privileges and immunities clause of the constitutio
MSNBC
Dec 7, 2012 12:00pm PST
for the time being? >> reporter: you know, that's the interesting question here. we don't know. the doma case doesn't invite the court to answer that question. it simple says if in those states that decide to grant same-sex marriage, which is up to the states, can the federal government still refuse to recognize those marriages? even if the supreme court strikes down the doma law, it won't say anything about whether a state has to allow same-sex marriage. on the prop 8 case it is possible to rule on that case very narrowly or broadly. let me explain. when the court of appeals said that prop 8 was unconstitutional, it said you can't do what california did. you can't give the right, which the california supreme court did, and then take it away, which prop 8 did. california's the only state that did that. if the supreme court barely upholds the court of appeals ruling, that would be good for california only. if the supreme court dives fully into in and gets into the basic constitutional question about whether states can block same-sex marriage, then, yes, they would get to it. they won't -- the
MSNBC
Dec 8, 2012 9:00am PST
. it's 2012 for pete's sake. we should all be equal by now. cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why
MSNBC
Dec 4, 2012 8:00am PST
million americans hoping for health care and "the new york times" frank bruney weighs in on doma and cage for marriage equality when "now" starts in just three minutes. n't my daughs black bean soup spectacular? [ man thinking ] oh, this gas. those antacids aren't working. oh no, not that, not here! [ male announcer ] antacids don't relieve gas. gas-x is designed to relieve gas. gas-x. the gas xperts. gas-x is designed to relieve gas. when you lost the thing you can't believe you lost.. when what you just bought, just broke. or when you have a little trouble a long way from home... as an american express cardmember you can expect some help. but what you might not expect, is you can get all this with a prepaid card. spends like cash. feels like membership. ♪ but the fire is so delightful ♪ nothing melts away the cold like a hot, delicious bowl of chicken noodle soup from campbell's. ♪ let it snow, let it snow when you take a closer look... ...at the best schools in the world... ...you see they all have something very interesting in common. they have teachers... ...with a deeper knowl
MSNBC
Dec 8, 2012 4:00am PST
as well, as you know, that will be overcome. >> the other case involves doma, defense of marriage act. what's at the heart of that question? >> not the fundamental right of same-sex marriage but whether the federal government can define marriage in a certain way, as between one man and one woman. historically that's been the job of the states to decide what marriage is, to define it. that really is the federal government stepping somewhere where it hasn't before. what they have done with that statute is say people can't have thousands of federal benefits. the case before the supreme court involves a woman who had to pay $363,000 in estate taxes she wouldn't have had to pay just because the person she was married to was the same gender as herself. it's fairness but limbed to that one state. >> patricia, always good to see you. thanks for weighing in. >> thank you. >> the deadline for the fiscal cliff is just over three weeks away. lawmakers are still mired in part in gridlock, each side saying the other is to blame. what do their constituents think? cnbc says 21% would blame the presid
MSNBC
Dec 9, 2012 12:00pm PST
's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're going to pre-empt you before you try. i think social cons are in a much better position when they say, look, let's make it so the government can't compel us to do things privately we don't want to do. i think you'll see much more emphasis placed on that. the question will be more than what will the supreme court try to do because they don't want to be out in front of public opinion too much. it's going to be fascinating. >> and they've rarely been accused of doing that either. david, let's move on to prop 8 in california. if that's struck down, does that mean same-sex marriage is for all intensive purp
Search Results 0 to 23 of about 24 (some duplicates have been removed)